Order: 2014

- 9

- 9 Served: September 11 , 2014



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 11 th day of September , 20 14

Essential Air Service at

BRADFORD, PENNSYLVANIA DUBOIS, PENNSYLVANIA FRANKLIN/OIL CITY, PENNSYLVANIA JAMESTOWN, NEW YORK PARKERSBURG, WEST VIRGINIA/ MARIETTA, OHIO

Under 49 U.S.C. 41731 et seq

. Docket DOT

- OST

- 2003

- 14528

Docket DOT

- OST

- 2004

- 17617

Docket DOT

- OST

- 1997

- 2523

Docket DOT

- OST

- 2003

- 14950

Docket DOT

- OST

- 2005

- 20734



### ORDER EXTENDING SERVICE OBLIGATION Summary

By this O rder, the Department of Transportation extends the Essential Air Service (EAS)

o bligation of Silver Airways (“Silver”), at Bradford, and Franklin/Oil City (“Franklin”), Pennsylva nia, and Jamestown, New York

, for an ad dit ional 30 days, through October 14

, 2014

. At DuBois , Pennsylvania

, and Parkersburg, West Virginia/Marietta, Ohio (“Parkersburg”) , we are extending Silver to September 30, 2014, at the current subsidy rates. On October 1, 2014,

Silver continues service at DuBois and Parkersburg with new rates and aircraft.

Background

On February 14, 2014, Silver filed a 90

- day notice of its intention to terminate scheduled air service at Bradford, DuBois, Franklin, Jamestown, and Parkersburg, effective May 15, 2014.

B y Order 2014

- 3

- 12 (March 19, 2014), the Department initially prohi bited Silver from suspending service through June 14, 2014, and requested proposals from air carriers interested in providing replacement service. In response to our request, four proposals were submitted : Silver Airways (the incumbent), Boutique Air, Cit y Link Air, and Sun Air. We have required Silver to continue serving all five communities, most recently by Order 2014

- 8

- 7 (August 12, 2014), through September 14, 20142

By Order 2014

- 7

- 11 (July 18, 2014)

, the Department selected a new carrier, Sun Air Express,

LLC d/b/a Sun Air International ( “ Sun Air ” )

, to provide Essential Air Service (EAS) at
Jamestown, New York, from October 1, 2014, through September 30, 2016 , re

- selected Silver

at DuBois, and Parkersbur g , from October 1, 2 014, through September 30, 2016, and deferred

action on Bradford and Franklin until further Order from the Department. Sun Air is not able to begin service at Jamestown on October 1, 2014, therefore, we are holding in Silver. On

October 1, 2014, Silver maintains service at Du Bois and Parkersburg at new subsidy rates and

34

- passenger, Saab 340 aircraft.

Since the current 30

- day hold

- in, as establish ed by Order 2014

- 8

- 7, only runs through September 14, 2014, we must extend Silver’s service obligation for an additional 30 days at Bradford, Franklin and Jamestown.

By letter dated August 29, 2014, Silver outlined its plans to terminate service at Bradford and Franklin, effective October 1, 2014. This does not relieve them of their EAS obligations at

Bradford and Franklin. By Or der 2014

- 6

- 6, June 24, 2014, Bradford and Franklin’s eligibility for EAS was terminated because the communities did not generate 10 enplanements per day as required by 49 U.S.C. § 41731(a)(1)(B). Both communities have filed petitions for a waiver

from the requirement. Those were due July 24, 2014. The Department is currently reviewing their petitions. If either or both communities are granted a waiver, the Department will make a carrier selection after that determination has been made. During this time , we will continue to hold Silver in to provide EAS at both communities, in accordance with 49 U.S.C. § 41734(c).

This Order is issued under authority assigned in 14 CFR 385.12(k)(5).

ACCORDINGLY,

1. We require Silver Airways to provide the level of service at Bradford, Franklin

, and

Jamestown

, as set forth in Order 2014

- 3

- 12 , for an additional 30

- day period through

October 14

, 2014 , or until further Department action ; and at DuBois and Parkersburg, for an

additional 15

- day period through Septemb er 30, 2014; 1

2. We direct Silver Airways to retain all books, records, and other source and summary documentation to support subsidy claims for payment, and to preserve and maintain such documentation in a manner that readily permits its audit and examination by representatives of the Department. Such documentation shall be retained for seven years from the service date of

this O rder or until the Department indicates that the records may be destroyed, whichever comes first. Copies of flight logs f or aircraft sold or disposed of must be retained. The carrier may forfeit its compensation for any claim that is not sup ported under the terms of this O rder;

3. These d ocket s will remain open until further O rder of the Department; and

1 In accordance with 49 U.S.C. § 41734(c), we wil l extend Silver Airways service obligation for successive 30

- da y periods as necessary

.3

4. The Departmen t will serve a copy of this Order on the mayor s of Bradford, DuBois, Franklin, Jamestown, and Parkersburg , the airport manager s at each respective community, the Pennsylvania Department of Transportation, and the service list for this docket.

Persons enti tled to petition the Department for review of this O rder under the Department’s

Aviation Eco nomic Regulations, 14 CFR 385.31(a) , must file such petitions within seven (7 ) days after the date of service of this order.

This O rder will be effective immediately, and the filing of a petition for review shall not preclude its effectiveness.

By:

TODD M. HOMAN

Director Office of Aviation Analysis

(SEAL)

An electronic version of this document is available on online at www.regulations.govAppendix A

Essential Air Service to be maintained at Bradford, DuBois, Franklin, Jamestown, and Parkersburg

Effective Period: September 15 , 2014, through September 30, 2014

Scheduled Service : 24 weekly nonstop or one

- stop round trips to DuBois 24 weekly nonstop round trips to Parkersburg

Effective Period: September 15, 2014, through October 14, 2014

Scheduled Se rvice: 18 weekly nonstop or o ne

- stop round trips to Bradford 12 weekly nonstop or one

- stop round trips to Franklin 18 weekly nonstop or one

- stop round trips to Jamestown

Aircraft: 19

- seat Beech 1900D